TOURNEASE USER AGREEMENT
This User Agreement (the "Agreement") is a legal agreement between you and Tournease, Inc. ("Tournease"), regarding your access to and use of the TOURNEASE.COM web site ("Web Site"). The terms of this Agreement shall govern your access to and use of the Web Site. By accessing and/or using this Web Site, you agree to be bound by all of the terms and conditions of this Agreement.
BEFORE YOU CLICK ON THE "I AGREE" BUTTON, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY CLICKING ON THE "I AGREE" BUTTON, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, CLICK THE "I DISAGREE" BUTTON. IF YOU SELECT THE "I DISAGREE" BUTTON, YOU ARE NOT PERMITTED TO USE THE WEB SITE AND/OR THE SERVICES AVAILABLE ON THE WEBSITE.
Acceptance of Agreement: Please note that with each use of the Web Site, you unconditionally agree to follow and be bound by the terms and conditions of this Agreement. This Agreement constitutes the entire and only agreement between Tournease and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Web Site, the contents, products or services provided by or through the Web Site, if any, and the subject matter of this Agreement. Tournease reserves the right, in its sole discretion, to modify, amend, alter and or otherwise update the terms of this Agreement at any time without prior notice. Your use of this Web Site following any such changes constitutes your unconditional agreement to follow and be bound by the terms and conditions of this Agreement as amended. For this reason, you should review this Agreement whenever you use this Web Site.
Intellectual Property: The content, organization, graphics, design, compilation, translation, digital conversion and other matters related to the Web Site are protected under applicable copyrights, patents, trademarks and other proprietary and/or intellectual property rights. The copying, redistribution, use or publication by you of any such matters or any part of the Web Site, except as allowed by the Limited Right to Use Section of this Agreement, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Web Site. The posting of information or materials on the Web Site does not constitute a waiver of any right in such information and materials. You shall not be permitted to copy or reproduce any portion of the Web Site. We (and our suppliers and licensors) expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Web Site. Access to this Web Site does not confer and shall not be considered as conferring upon anyone any license under any of our or any third party's intellectual property rights. References on this Web Site to any names, marks, products or services of third parties or hypertext links to third party web sites or information are provided solely as a convenience to you and do not in any way constitute or imply our endorsement, sponsorship or recommendation of the third party, information, product or service. We are not responsible for the content of any third party web sites and does not make any representations regarding the content or accuracy of material on such web sites. If you decide to link to any such third party web sites, you do so entirely at your own risk.
Trademarks: Any and all logos, emblems, company names, product names and service names ("Trademarks") referenced on the Web Site or accessible within any application on the Web Site are Trademarks of their respective owners. You do not acquire ownership rights or permission to use any trademark referenced on the Web Site or accessible within an application on the Web Site. If you wish to use any trademark referenced on the Web Site or accessible within an application on the Web Site, it is your sole responsibility to obtain permission from the respective owner of any such Trademarks
Data Rights: Any and all golf course data referenced on this Web Site or accessible within any application on this Web Site is the sole and exclusive property of the National Golf Foundation or specific golf courses listed with any National Golf Foundation database. Any and all weather related data for the golf courses referenced on this Web Site or accessible in any application on this Web Site is the sole and exclusive property of the Intellicast division of the Weather Services International Corporation. Any and all golf course data and weather related data for the golf courses referenced on this Web Site or accessible in any application on this Web Site may be used only as an information resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the this data is strictly prohibited.
Limited Right to Use: The viewing, printing or downloading of any content, graphic, form or document from the Web Site grants you only a limited, non-exclusive license for use solely by you for you own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution). No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any content, graphic, form or document from the Web Site or any related software. All software used on this Web Site is the property of us or our suppliers and protected by U.S. and international copyright laws. The content and software on this Web Site may be used only as an informational resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this Web Site is strictly prohibited.
Editing, Deleting and Modification: Tournease reserves the right in our sole discretion to edit or delete any documents, information or other content appearing on the Web Site.
Accessing Web Site: Users are required to establish a user name and password for access to the Web Site. Tournease may deny you access to the Web Site, at any time and may do so immediately without notice, and terminate this Agreement, if you attempt to establish a user name or password based on false information or attempt to access the Web Site with a third party's user name or password.
Web Site Security: Users are prohibited from violating or attempting to violate the security of the Web Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Web Site, overloading, flooding, spamming, mailbombing or crashing; (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Tournease may investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Web Site or any activity being conducted on the Web Site. You agree not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Web Site; provided, however, that you are permitted to use any search engine or search agents available from us on the Web Site, and you are permitted to use commercially available web browsers (e.g., Netscape Navigator, Microsoft Explorer).
User Comments and Submissions: All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to us on or by the Web Site or otherwise disclosed, submitted or offered in connection with your use of the Web Site (collectively, the "Comments") shall be and remain our property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide right, title and interest in all copyrights and other intellectual properties in the Comments. Thus, Tournease will own exclusively all such right, title and interest and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Tournease are and shall be under no obligation (1) to maintain any Comments in confidence, (2) to pay to user any compensation for any Comments, or (3) to respond to any user Comments. You agree that no Comments submitted by you to the Web Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights. You further agree that no Comments submitted by you to the Web Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make. Tournease welcome your comments regarding the Web Site. However, any Comments submitted by you shall be and remain the exclusive property of us. For this reason, Tournease asks that you not send us any Comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
Indemnification: You agree to indemnify, defend and hold us and our owners, shareholders, directors, officers, employees, subsidiaries, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including attorneys' fees, related to your violation of this Agreement or use of the Web Site.
Transferability: Tournease shall have the right to sell, assign, sublicense, subcontract, or in any other way transfer any right or obligation of this Agreement, without your prior written consent. You shall not have the right to sell, assign, sublicense, subcontract, or in any other way transfer any right to use this Web Site or obligation of this Agreement. Any password or right given to you to obtain information or document is not transferable, and shall be held strictly confidential.
Disclaimer: THE INFORMATION FROM OR THROUGH THE WEB SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING, WITHOUT LIMITATION, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, VIRUSES, PROBLEMS OR OTHER LIMITATIONS. YOU AGREE THAT TOURNEASE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THE WEB SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE WEB SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
Limitation of Liability: UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL TOURNEASE OR ANY OF OUR PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL TOURNEASE BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE WEB SITE DURING THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
Information and Press Releases: The Web Site contains information and press releases about us. While this information was believed to be accurate as of the date prepared, Tournease disclaims any duty or obligation to update this information or any press releases. Information and news articles not drafted by us and information about companies or individuals other than us contained in the press releases or otherwise should not be relied upon as being provided or endorsed by us.
Use of Information: Tournease reserves the right, and you authorize us, to use and assign all information regarding Web Site uses by you and all information provided by you in any manner consistent with our Privacy Policy section.
Termination: This Agreement is effective unless and until terminated by either you or us. You may terminate this Agreement at any time, provided that you discontinue all further use of the Web Site. Tournease also may terminate this Agreement at any time, at its discretion, for any reason, and may do so immediately without notice, and accordingly deny you access to the Web Site, if in our sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or us, you must promptly destroy all materials downloaded or otherwise obtained from the Web Site, as well as all copies of such materials, whether made under this Agreement or otherwise. This Agreement is effective unless and until terminated by either you or us.
General Compliance with Laws: You shall comply with all applicable laws, statutes, ordinances and regulations regarding use of the Web Site, our products and services, and your browsing.
No Agency: You and we are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement or your use of the Web Site.
Links to Other Web Sites: The Web Site may contain links to third-party web sites. Your access to such third-party web site through links provided on this Web Site is governed by the terms of use and policies of those web sites, not this Web Site. Tournease are not responsible for the content, accuracy or opinions expressed in such third-party web sites, and any such third-party web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked third-party web site on the Web Site does not imply approval or endorsement of the linked third-party web site by us. If you leave the Web Site and access these third-party web sites, you do so at your sole risk.
Information: You represent and warrant that any information you supply is true, correct and complete.
Copyrights and Copyright Notices: Tournease respects the intellectual property of others, and Tournease asks you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us the following information:
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed;
• A description of where the material that you claim is infringing is located on the Web Site;
• Your address, telephone number, and email address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Notices should be sent to: 6810 New Tampa Hwy. Suite 200 Lakeland, Florida 33815
Miscellaneous: This Agreement shall be treated as though it were executed and performed in Florida, and shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of law principals. Any cause of action by you with respect to the Web Site (and/or any information, goods or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All legal proceedings arising out of or in connection with this Agreement (and/or any information, goods or services) shall be brought solely in Florida. You expressly submit to the exclusive jurisdiction of said courts and consent to extraterritorial service of process. All actions shall be subject to the limitations set forth in the Disclaimer Section and Limitation of Liability Section of this Agreement. The language in this Agreement shall be interpreted as to its fair meaning and not strictly against either party. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. This Agreement constitutes the entire and only agreement between us and you and supercedes any and all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Web Site, the content, goods and services provided by or through the Web Site, and the subject matter of this Agreement. To the extent that anything in or associated with the Web Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. THIS AGREEMENT MAY BE MODIFIED, AMENDED, ALTERED OR OTHERWISE UPDATED FROM TIME TO TIME WITHOUT PRIOR NOTICE. YOUR USE OF THIS WEB SITE FOLLOWING ANY SUCH CHANGES CONSTITUTES YOUR UNCONDITIONAL AGREEMENT TO FOLLOW AND BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AS AMENDED. FOR THIS REASON, YOU SHOULD REVIEW THIS AGREEMENT WHENEVER YOU USE THIS WEB SITE.
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY TOURNEASE.